Domestic Violence and Sentence Modifications in Los Angeles

Domestic Violence and Sentence Modifications in Los Angeles

Domestic violence is a huge problem in Los Angeles and across the country. Many people are arrested each year for domestic violence offenses like battery, assault, criminal threats, and more. If convicted, the punishments can be severe – jail time, probation, fines, counseling, and more.

But what happens after someone is convicted and sentenced for domestic violence in LA? Is there any chance for sentence modification or early release? Let’s take a closer look.

Probation and Early Termination

Many domestic violence convictions result in formal probation. This means complying with terms like:

• Reporting to a probation officer
• Completing a batterer’s intervention program
• Obeying protective orders
• Staying away from the victim
• Paying restitution
• Performing community service
• Submitting to searches and drug tests

Probation usually lasts 3-5 years for domestic violence. But after completing at least half the term, you can request early termination of probation. The judge will consider factors like:

• Your compliance with all terms
• Completion of required counseling
• Restitution paid
• No new violations
• Changed circumstances

If granted, probation will end early and you’ll regain certain rights. But you must show changed behavior and that ending probation early is in the interest of justice.

Modifying Protective Orders

Many domestic violence sentences include protective orders preventing contact with the victim. They typically last 3-5 years. But you can request modifying the order to allow peaceful contact, especially if:

• The victim consents and you have a cooperative relationship
• You share child custody and need to communicate
• You need to discuss financial matters
• Circumstances have significantly changed

The judge will consider the victim’s wishes, changed circumstances, and whether allowing contact seems safe and reasonable. But approval is not guaranteed.

Reducing Felonies to Misdemeanors

Some domestic violence convictions are wobblers, meaning they can be punished as misdemeanors or felonies. Examples are Penal Code 273.5 PC (corporal injury to spouse) and 243(e)(1) PC (battery against spouse).

Felony convictions can’t be expunged and trigger harsher sentences if you re-offend. But after completing probation, you can petition to reduce a wobbler to a misdemeanor under Penal Code 17(b). The judge will consider factors like:

• Your compliance with probation terms
• If you completed counseling programs
• Your criminal history
• Circumstances of the offense

If approved, the offense becomes a misdemeanor on your record. This can help restore your gun rights, avoid immigration consequences, and improve job prospects.

Expungement

Many domestic violence misdemeanors in California are eligible for expungement under Penal Code 1203.4 after probation ends. Exceptions include domestic battery (243(e)(1) PC) and violating protective orders (273.6 PC).

If eligible, you must petition the court and show you deserve expungement. If approved, your conviction is dismissed and considered expunged. But it’s still visible to law enforcement and some employers.

Reducing Jail Sentences

Domestic violence convictions can result in months or years in county jail. But California law allows sentence reduction credits including:

• Good conduct credits – Up to 15% off the sentence for good behavior
• Work credits – Up to 50% off for working in jail
• Milestone credits – Up to 6 weeks off for rehabilitation milestones
• Education credits – Up to 6 weeks off for earning a GED or high school diploma

By staying out of trouble, working, and completing programs, you may serve significantly less than your full sentence. Contact your caseworker to ensure credits are applied correctly.

Compassionate Release

If facing years in state prison, you may seek compassionate release by showing:

• You have a serious medical condition
• You are permanently medically incapacitated
• Your incarceration would endanger your life
• You have less than 6 months left on your sentence

The court must determine you’re not a threat if released early under Penal Code 1170(e). But it’s very difficult to obtain, so consult an attorney if considering this option.

Next Steps

Domestic violence convictions have life-changing consequences. But options exist for sentence modifications if you’ve made positive changes and deserve a second chance.

Connecting with an experienced criminal defense lawyer is the best way to understand your options. They can guide you through the process of seeking probation termination, protective order modifications, reducing felonies, obtaining expungement, earning sentence credits, and more based on your unique situation.

Don’t assume there’s no hope – you may be able to seek mercy if you’ve turned your life around. Take the first step by consulting an attorney.